Vacate

CP-2025-TN246-0015-ADOSH · Arizona Division of Occupational Safety and Health · 2025-12-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant

ATOM MODULAR LLC,

Respondent

No. CP-2025-TN246-0015-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 14, 2025 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Atom Modular LLC, (“Respondent”) worksite located at 1205 North Eliseo Felix Junior Way, Ste A107, Avondale, Arizona 85323, Inspection No.: CP-2025-TN246-0015, resulting in the issuance of a Citation and Notification of Penalty to Respondent on May 1, 2025.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citation, and the Division and Respondent now desire to settle this matter without the necessity of a formal hearing. Both parties agree that it is in their respective best interests to settle this matter without going through the procedures, time and expense associated with litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On December 19, 2025, the parties filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act. Accordingly, pursuant to A.A.C. R20-5-827 of the Occupational Safety and Health Rules of Procedure Before the Industrial Commission of Arizona, said Settlement Agreement is by this reference adopted herein and made a part hereof.

The Settlement Agreement is in furtherance of the purpose of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter.

ORDER

IT IS HEREBY ORDERED that

1. Citation 1 Item 1 shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

2. Citation 1 Item 2 shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

3. Citation 1 Item 3d shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

4. Citation 1 Item 3b shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

5. Citation 1 Item 3a shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

6. Citation 1 Item 3c shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

7. Citation 1 Item 3e shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

8. Citation 1 Item 4 shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

9. Citation 1 Item 5 shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

10. Citation 1 Item 6a shall be reclassified from “Serious” to “Non-Serious” and the penalty shall be reduced to $0.00.

11. Citation 1 Item 6c shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

12. Citation 1 Item 6b shall be reclassified from “Serious” to “Non-Serious” and the penalty will remain at $0.00.

13. Citation 2, Item 1 shall remain Non-Serious, and the penalty will remain at $0.00.

14. Citation 2, Item 2 shall remain Non-Serious and the penalty will remain at $0.00.

15. Citation 2, Item 3 shall remain Non-Serious and the penalty will remain at $0.00.

IT IS FURTHER ORDERED that Atom Modular provided sufficient evidence to ADOSH to show the company vacated the premises and is no longer utilizing their physical space.

IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.

NOTICE

Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after service of this Decision as provided by Arizona Revised Statutes, §§ 23-421 C and 23-422(A) and (B). If no such request is made within the time provided, this Decision becomes final.

By: Tammy L. Eigenheer

The Honorable Tammy Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 22nd day of December 2025.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT was placed in, and is now a part of, the Office of Administrative Hearings file and was served on the parties named below via mail/email/facsimile on this 22nd day of December, 2025:

Brian Hudson

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

ADOSH Director

[email redacted]

Erin Goeman

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

Attorney for ADOSH

[email redacted]

Brian Darnell, CEO

Atom Modular LLC

1205 North Eliseo Felix Junior Way Ste A107

Avondale, AZ 85323

Respondent

[email redacted]

By: OAH Staff